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Engineering Profession Act, 2000 (Act No. 46 of 2000)

42. Transitional provisions

 

 

(1) For the purposes of this section, "effective date" means the date of the first meeting of the council.

 

(2) The Engineering Council of South Africa established by section 2 of the Engineering Profession of South Africa Act, 1990 (Act No. 114 of 1990), continues to exist and may exercise its powers and perform its functions after the commencement of this Act until the effective date.

 

(3) From the effective date, all rights, obligations, assets and liabilities acquired or incurred by the Engineering Council of South Africa in terms of the Engineering Profession of South Africa Act, 1990, vest in the council and the council is deemed to have acquired or incurred those rights, obligations, assets and liabilities in terms of this Act.

 

(4) The Minister must, after consultation with the Engineering Council of South Africa, determine the voluntary associations and other nominating bodies referred to in section 4 for the purpose of inviting nominations for the appointment of the first council.

 

(5) The Engineering Council of South Africa must, within 30 days from the date of commencement of this Act, invite nominations for the first appointment of members in accordance with section 4.

 

(6) Any act performed, decision taken, or rule made or purported to have been so performed, taken or made in terms of the Engineering Profession of South Africa Act, 1990, by the Engineering Council of South Africa remains valid unless repealed under this Act.

 

(7) Any notice issued or exemption granted by the Minister in terms of the Engineering Profession of South Africa Act, 1990, remains valid unless repealed under this Act.

 

(8) Subject to subsection (11), any person who at the commencement of this Act is registered in terms of the Engineering Profession of South Africa Act, 1990, is deemed to be registered in the corresponding category provided for in this Act.

 

(9) From the effective date, any register maintained in terms of the Engineering Profession of South Africa Act, 1990, is incorporated in and is considered to form part of a register to be maintained in terms of this Act.

 

(10) Any action taken in terms of sections 17 to 21 of the Engineering Profession of South Africa Act, 1990, which is pending at the commencement date of this Act, must be finalised in terms of that Act.

 

(11) A person who is registered as an engineering technician in terms of section 14(1) and (2) of the Engineering Profession of South Africa Act, 1990, remains registered as such, until that person is registered as a professional engineering technician in terms of this Act.

 

(12) A person who is registered as an engineering technician in training in terms of the Engineering Profession of South Africa Act, 1990, is considered to be registered as a candidate engineering technician in terms of this Act.

 

(13) At the end of the first term of the council 50 per cent of the members of the council may not be reappointed by the Minister.